[HISTORY: Adopted by the Village Board of the Village of Shorewood as Ch. 10, Arts. 5 and 18 of the 1986 Code. Amendments noted where applicable.]
[Amended 6-7-1993 by Ord. No. 1660]
On all food dealer and Class B licensed premises, no person, firm or corporation shall permit, allow or offer for the entertainment of customers any instrumental music or dancing facilities without first having procured a Village cabaret license as provided hereinafter. "Instrumental music" as used herein shall include but shall not be limited to the use of a vocalist or singing group or the use of a musical instrument or instruments by one or more individuals. All other forms of live entertainment shall be strictly prohibited in the Village in such licensed premises.
Application for a cabaret license shall be filed with the Village Clerk. Such application shall designate:
The specific premises intended to be licensed.
What experience, if any, the applicant has had in operating a similar type business, giving the dates and location of such operation.
Whether the applicant has been convicted of violating any federal, state or local laws.
The name of the person or company owning the premises for which an application is being filed.
Such other information as the Clerk may require.
Each application shall be accompanied by the required annual license fee as enumerated in the Village Fee Schedule.
[Amended 5-6-1996 by Ord. No. 1729]
The fee for a cabaret license shall be as provided in the Village Fee Schedule.
The license fee may be prorated if issued after the 31st day of December.
The license fee shall be refundable if the license application is denied or withdrawn before issuance; provided, however, that in such cases an application fee as provided by the Village Fee Schedule shall be retained.
Licenses shall not be transferable between persons, firms or corporations, but the holder thereof shall be permitted one transfer of said license to another location within the Village during a license year upon payment of an additional fee as provided by the Village Fee Schedule and upon approval of the Village Board.
It shall be the duty of the Village Clerk to investigate or cause to be investigated each original application for a cabaret license. In making such investigation, the Village Clerk shall have the assistance of the Health Department, the Police and Fire Departments and the Planning and Development Department. Within 14 days the Village Clerk shall advise the Village Board of the results of the investigation made.
After receiving and giving consideration to the report of the Village Clerk and to such supplemental reports from the various Village inspectors and departments as the Village Board deems advisable, the Village Board shall either approve or reject the application on file. All renewals shall be processed as original applications. Licenses shall terminate on the 30th day of June each year.
As an alternative to the application for the issuance of annual cabaret licenses, application under the provisions of § 232-2 may be made to the Clerk and a short-term license may be issued by the Village Board not to exceed three consecutive days for a fee as provided by the Village Fee Schedule. No more than three such licenses shall be issued annually to any one person, agent or business.
On premises licensed hereunder, no music or dancing of any nature shall be permitted after 12:00 a.m. of each day except Saturday and Sunday, when the time shall be not later than 1:00 a.m. of the same day. On January 1 each year, such entertainment may continue until 2:00 a.m.
The Chief of Police or his designee shall have the power and authority to summarily suspend any cabaret license whenever he has reasonable cause to believe that any indecent or immoral act or exhibition or any disorder of any gross, violent or vulgar character is permitted or is taking place on such licensed premises.
The licensed premises shall at all times be maintained in accordance with the provisions of Village Code. Any violations thereof shall be grounds for suspension or revocation of said license.
The licensed premises shall be so designed and constructed as to prevent any noise or sound emanating therefrom; any violation hereof shall be considered a public nuisance as provided in § 389-12I of the Shorewood Village Code and, in addition, shall be grounds for suspending or revoking a license issued hereunder.
In addition to the provisions hereof, the Village Board, upon five days' notice to the licensee and after public hearing, may suspend or revoke any license issued hereunder where it determines that there has been a violation of the provisions of this chapter or a violation of any federal, state or local law. The length of suspension shall be determined by the Village Board.
Subject to other provisions of this chapter, any person aggrieved by an administrative ruling, judgment or decision may appeal for a hearing before the Board of Appeals within 10 days after the issuance of such ruling, judgment or decision. A nonrefundable appeal fee as provided by the Village Fee Schedule shall accompany each and every appeal brought hereunder. The Village Clerk shall give notice of a hearing to the appellant, to be held within 30 days after service of the notice on the appellant, said service to be served either personally or by certified mail addressed to the appellant's last known address. All other interested parties may be given written notice of said hearing by regular mail. Upon conclusion of the hearing held by the Board of Appeals, the Board shall make a ruling. The written decision of the Board shall be mailed to the appellant by the Village Clerk within 10 days of said decision. Any determination by the Board of Appeals may be appealed to the Circuit Court of Milwaukee County as provided by law.
[Amended 2-4-1991 by Ord. No. 1596]